Trespass

Whether your land/property has been occupied without your authority, it has been targeted by fly-tipping or environmental damage, or you need to move quickly to recover possession and protect your asset, our property disputes solicitors have extensive experience acting swiftly and decisively.

Speed matters in trespass cases. The longer trespassers remain in occupation, the greater the risk of damage to the property, the more entrenched their position becomes, and the more disruptive the impact on the landowner’s use of the land.

What is a trespass?

Trespass is the direct and unjustifiable interference with land in the possession of another. It is the act of entering or remaining on land without authority or placing objects on it without consent. A landowner or developer whose land is trespassed upon has the right to take legal action regardless of whether any physical damage has been caused.

Trespass takes many forms including:

Unauthorised occupation of land (whether by squatters taking up residence in a vacant building, or travellers encamping on open land or a development site), is the most pressing form of trespass because the landowner’s primary concern is usually to recover possession of their land as quickly as possible.
Fly-tipping and the deposit of waste or other materials on land without consent is another increasingly common and damaging form of trespass, which can give rise not only to civil claims but to significant regulatory and environmental liabilities for the landowner.

For developers in particular, trespass can have serious practical and financial consequences. An unauthorised encampment on a development site can halt construction operations, delay a programme, increase costs and, where a development is subject to time-sensitive planning conditions or funding deadlines, put a scheme at risk. Acting quickly is essential.

You will find answers to common questions to trespass in the FAQs at the bottom of this page. 

What does trespass solicitor do? 

Our property disputes team has extensive experience acting for landowners, commercial property owners and developers in trespass cases, including urgent applications for possession orders and injunctions. The team understands that trespass cases are rarely straightforward: different rules and procedures apply depending on the nature of the trespass, whether the trespassers are known or unknown, and whether the land is residential or commercial in character.

The team is experienced in advising on all available options – from self-help remedies (where appropriate) to without notice injunctions and urgent possession proceedings – and in pursuing those options at short notice when the situation demands it. Where trespass has caused damage, including through fly-tipping or environmental contamination, the team can also advise on recovery of the costs of clean-up and remediation.

The property disputes solicitors work with our colleagues in the criminal law team where the trespass requires a joined-up approach dealing with both civil and criminal issues. The team’s ethos is simple: solve the problem.

Why choose B P Collins as your trespass solicitors?

With over 60 years of extensive experience in trespass matters, we’re consistently ranked by Chambers UK and The Legal 500 for the strength of our property disputes practice. Our solicitors have helped hundreds of landowners, commercial property owners and developers navigate trespass claims with confidence and clarity.

Where trespass has caused damage, including through fly-tipping or environmental contamination, the team can also advise on recovery of the costs of clean-up and remediation. The property disputes team work with our colleagues in the criminal law team where the trespass requires a joined-up approach dealing with both civil and criminal issues.

As with most disputes, early advice can frequently result in a swift outcome, avoiding unnecessary escalation and protecting your position before it becomes more difficult to assert.

Contact our trespass solicitors today  

For further information or advice regarding trespass, please contact our specialist solicitors. Our teams are based in London, Thame and Gerrards Cross, and can be contacted on 01753 889995 or at enquiries@bpcollins.co.uk.

Trespass FAQs

Can I remove trespassers from my land myself?

Yes, in principle, however it must be exercised with care. A landowner is entitled to use reasonable force to remove a trespasser from their land as their common law right of self-help. Disproportionate force may lead to civil and potentially criminal liability.

In practice, self-help is rarely advisable where:

trespassers are present in numbers;
there is a risk of confrontation;
the trespassers include vulnerable individuals or families with children; or
the trespass has continued for any significant period.

In those circumstances, the risks (both legal and practical) of attempting to remove trespassers without a court order generally outweigh the potential benefits of acting without legal process.

There is a distinction between commercial land and residential premises. Where a building is being used as a dwelling (even by a trespasser) criminal sanctions limit the circumstances in which a displaced residential occupier or protected intending occupier can use self-help to retake possession.

In any case involving a building, legal advice should be taken before any attempt is made to remove occupiers by force.

What is an immediate possession order?

An immediate possession order is a court order requiring trespassers to vacate land/premises by a specified date, typically within a very short period. It is the primary legal mechanism by which a landowner or developer who has been dispossessed by trespassers can recover possession.

How do you obtain an immediate possession order?

Possession claims against trespassers are governed by Part 55 of the Civil Procedure Rules (CPR).

Claims are issued in the County Court or, in more complex or urgent cases, the High Court, with hearings usually listed within a short timeframe because of the nature of the claim.

If the court is satisfied the claimant has a right to possession, it will make a possession order, setting a date by which the trespassers must vacate. If they do not, the order can be enforced by a court enforcement officer, with High Court enforcement often preferred for the speed in which they can act.

In genuinely urgent cases (for example, where trespassers are causing significant damage or where the occupation is seriously disrupting a development programme) it may be possible to apply for an interim injunction on a without notice basis, requiring the trespassers to vacate pending a full hearing.

Court proceedings must be served on the trespassers. Where the occupiers are unknown or cannot be individually identified, service can be effected by leaving the claim form and particulars at the property and, if appropriate, by affixing them to a prominent point at the site.

What is the accelerated procedure for possession claims against persons unknown?

The accelerated procedure under CPR PD r.55C allows landowners to bring possession claims against “persons unknown”, meaning trespassers who cannot be identified by name. This is commonly used for traveller encampments, squatters, and repeated unauthorised occupation of land.

The claim does not need to identify the trespassers by name, which removes one of the most significant practical obstacles in many trespass cases. The claim is served by posting documents at the site (usually by attaching the documents to stakes in clear envelopes). Courts list these cases quickly due to their urgency.

A key benefit is that the possession order can apply not only to current occupiers but also to future trespassers, helping prevent repeat incursions without issuing new claims each time. This makes it a powerful tool for developers and landowners managing high-risk sites (subject to repeated or recurring unauthorised occupation).

The legal framework governing persons unknown claims has evolved considerably since the Supreme Court’s decision in Wolverhampton City Council v London Gypsies and Travellers [2023] UKSC 47, which confirmed that injunctions against persons unknown can be granted in appropriate cases even against individuals who are not yet identifiable and who may not yet be in breach of the order.

Are there additional powers available to remove travellers from land?

Yes. In addition to civil possession proceedings, landowners may be able to call upon certain police powers to assist with the removal of travellers and other trespassers from land.

The law in 2022 was strengthened so police should now be more willing to become involved in assisting the public where there is, or is likely to be, harm caused should the unauthorised encampment remain in situ.

Despite this change in the law, it is still common for the police to say they will not become involved as it is a civil matter. That reply, in so many cases is disingenuous, and ignores their powers. It is important to be aware that when approaching the police to seek their assistance, that you have a clear strategy in place and that where the harm or potential harm is a live issue, that you have the available evidence to bring your case within the relevant legislation to make it harder for the police to keep their distance.

Should you discover an unauthorised encampment on your land, that you immediately seek legal advice as soon as possible. Where appropriate, our criminal law team can obtain the necessary evidence for you and then liaise with the police and hold them to account to properly utilise and exercise their powers, where such powers exist and are relevant to your case. This can lead to a swift removal.

What can I do about fly-tipping on my land?

Fly-tipping (the unauthorised deposit of waste on land) is a criminal offence, carrying potentially significant penalties including unlimited fines and imprisonment. However, the criminal enforcement regime is primarily the responsibility of the local authority and the Environment Agency and does not directly assist a landowner with the practical and financial consequences of having their land used as an illegal dumping ground.

Landowners are responsible for ensuring that waste deposited on their land is removed and disposed of in accordance with the relevant environmental legislation. If the waste includes hazardous materials, specialist disposal will be required, and the costs can be substantial.

It is also worth considering whether the landowner’s insurance policy covers the costs of clearing fly-tipped waste and remediating environmental damage. Many commercial property insurance policies include cover for this type of loss, though the extent of cover will depend on the specific terms of the policy.

Where the identity of the person or persons responsible for the fly-tip can be established (for example, through CCTV evidence, waste transfer notes, or documents found in the waste itself) the landowner may have a civil claim against them for the cost of removal and any damage caused to the land. That claim can include the costs of environmental investigation, waste removal, remediation and any consequential losses resulting from the contamination of the site.

Notifying the local authority is also important: the local authority has its own powers to investigate and prosecute fly-tipping offences, and its involvement may assist both with enforcement and with putting pressure on the responsible parties.

Can I recover the costs of damage caused by trespassers?

Yes. Landowners can usually recover the reasonable cost of repairing damage caused by trespassers, including clean-up, reinstatement, and related losses such as lost rent or project delays. However, recovery can be difficult if the trespassers cannot be identified. It is important to gather and preserve evidence early, such as photos and records of the damage.

Can a trespasser acquire rights over my land by staying long enough?

Yes – they could seek to adversely possess the land. Prompt action against trespassers is critical. A person who occupies land without the owner’s consent, openly and as if they were the owner, for a sufficient period may acquire title to the land or a right to apply for registration of it in their name.

The longer a landowner delays in taking action, the greater the risk that the trespasser will be able to rely on the period of occupation in support of an adverse possession claim. Where a trespass has been ongoing for any significant period, it is important to take legal advice without delay.

Can I obtain an injunction to prevent future trespass?

Yes. Where there is a real risk that trespassers will return to land after possession has been recovered, or where the trespass is of a recurring nature, the court has jurisdiction to grant an injunction preventing the trespassers from returning to or entering the land. An injunction of this kind can be sought as part of the possession proceedings themselves or as a separate application.

Where the identity of the trespassers is known, an injunction can be sought against named individuals. Where they are unknown (as is often the case with traveller encampments or recurring fly-tipping), an injunction against persons unknown may be available. Such injunctions remain a valuable tool for landowners and developers who need durable protection against recurring trespass.

Breach of an injunction is a contempt of court, which can be punished by a fine or imprisonment. The prospect of those consequences is often a powerful deterrent and can make an injunction a more effective long-term solution than repeated possession proceedings.

Is trespass a criminal offence?

Generally, simple trespass to land is a civil wrong rather than a criminal offence. The police therefore have no general power to remove trespassers from land purely on the basis that they are trespassing, and a landowner cannot expect the police to intervene simply because someone has entered or occupied their land without authority.

When can trespass or related conduct give rise to criminal liability?

Specific circumstances, including:

Squatting in a residential building – an offence which carries a penalty of up to six months’ imprisonment or an unlimited fine;
Aggravated trespass – where a trespasser intends to obstruct, disrupt or intimidate persons engaged in lawful activity on the land;
Fly-tipping – an offence under the Environmental Protection Act 1990;
Criminal damage – where trespassers cause damage to property;
Failure to comply with a section 61 police direction in the context of traveller encampments.

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